- 14 - estate tax return by turning the matter over to his attorney. Id. As the Court held: It requires no special training or effort to ascertain a deadline and make sure that it is met. The failure to make a timely filing of a tax return is not excused by the taxpayer's reliance on an agent, and such reliance is not "reasonable cause" for a late filing under section 6651(a)(1). * * * Id. at 252. Here, the estate argues that the executrix failed to file the estate tax return timely because she reasonably relied on the advice of an attorney and a CPA and that, as a matter of law, the return could not be filed until a determination was made as to all assets of decedent's estate. However, the estate failed to establish that the executrix received any advice from Mr. Ellis or Mr. McCoy about delaying the filing of the estate tax return, either prior or subsequent to the due date for such return.5 5 The estate argues that the executrix also received and relied upon similar advice from her daughter, Christina M. Thomas (Tina Thomas), who is an attorney. However, Tina Thomas did not become licensed to practice law until July 1986, 5 months after the death of decedent and 4 months prior to the due date of the estate tax return. Moreover, Tina Thomas's area of legal specialty is energy law rather than decedents' estates or Federal tax law. During law school, Tina Thomas did take a class in Federal income tax law but did not take a class in Federal estate and gift tax law. The Court finds that, during the years in question, Tina Thomas was not a professional in the area of Federal estate tax law upon whose advice regarding such matters the executrix could have reasonably relied. See, e.g., Sanders (continued...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011